§ MR.SEXTONI wish to ask the Chief Secretary two or three urgent 603 questions in connection with the sentence passed on Mr. W. O'Brien the day before. With the permission of the House, I will prefix to the questions a brief statement of facts, which is absolutely necessary to make the matter clear. In the first place, with regard to the evidence of a constable named Garvey, this constable swore that he had not consulted a newspaper report before he made his oath. It was proved that he had done so, and also that he was not able to take a coherent shorthand note of anything dictated to him, and the Court, in giving judgment, declared that no Court would be jus tified in acting upon his evidence. I have, therefore, to ask the right hon. Gentleman whether that constable will be prosecuted; whether he will be continued in the police service; and whether he will continue to act as reporter and witness in prosecutions? My hon. Friend the Member for North-East Cork has been sentenced to two months' imprisonment for his speech, and to two months' further in default of giving bail for good behaviour. I wish to ask whether it is at the instance or with the consent of the Irish Executive that the Magistrates continue to apply the glaring anomaly of the jurisdiction conferred by the Statute of Edward III. in the case of a distinguished public man for the purpose of inflicting an additional sentence to that imposed under the Crimes Act? In the case of my hon. Friend's last imprisonment in Galway Gaol, which terminated in June, it was found necessary, for the preservation of his mental and physical health, to order that he should be allowed the use of books and of writing materials. The Chief Secretary for Ireland is like my hon. Friend, a literary man, and I will ask him this question. I understand that the theory of the Irish Government is that imprisonment should not be heavier on one man than another, but should press equally upon all. I would ask the Chief Secretary, then, whether he will submit my hon. Friend, who has to sit for 22 hours out of 24 in a gloomy and narrow cell, to the special punishment and torture of keeping a man accustomed to daily study and the constant use of his faculties in literary work all that time in his cell without occupation for his mind? I have had no communication from my hon. Friend, and I believe 604 that my hon. Friend would not authorise me to ask these questions in the House. But I feel it to be my duty to submit the case to the right hon. Gentleman, and to ask him to make an order which will secure that the same treatment which was given to my hon. Friend in the last weeks of his stay in Galway Gaol shall be continued, so that he shall not be subjected to a heavier punishment than would fall in a like case on an ordinary criminal.
§ THE CHIEF SECRETARY FOR IRELAND (Mr. A. J. BALFOUR,) Manchester, E.The right hon. Gentleman has asked me three questions. The first relates to the policeman Garvey. I can assure the right hon. Gentleman that every inquiry will be made into that case. I understand there is some idea that one of the counsel has suggested that steps should be taken to institute a prosecution for perjury, and, whether that course will be taken or not, a very critical examination will be made into the whole circumstances attending the evidence given by that policeman. With regard to the second question, namely, whether the Executive directed the Judges in this case—
§ MR. SEXTONDo they approve?
§ MR. A. J. BALFOURI do not know that it is the business of the Executive to express approval or disapproval of sentences passed by a competent Court of Law on cases brought before them. Of course, I will not say that no suggestion has been made by the Executive in the matter one way or the other. With regard to the third question, namely, as to the prison treatment of the Member for North-East Cork, I have to say that he was permitted on medical grounds to have the use of books in one of his previous terms of imprisonment. Should there be any medical grounds for a similar relaxation it will at once be made. If there is any ground to anticipate that the hon. Gentleman is likely to suffer materially in health from the deprivation of books or writing materials the doctor of the prison will interfere, as he interfered on the previous occasion.
§ MR. SEXTONWill the right hon. Gentleman have any objection to the Prisons Board calling the attention of the prison doctor to the fact that during the last few weeks of my hon. Friend's 605 last imprisonment this relaxation was afforded on the ground of health?
§ MR. A. J. BALFOURI do not know in what prison the hon. Member will serve his sentence; but the Prisons Board, of course, will take care that every material fact connected with the hon. Gentleman shall be brought under the notice of the doctor responsible for his care.